END USER LICENSE AGREEMENT
By installing or using the Bandicam Company (the “Company”) product, Bandicut (the “Software”), you indicate your agreement to the terms of this End User License Agreement (the “Agreement”). If you do not agree to the terms herein, you are not authorized to copy or use the Software. The Software - all images, photographs, icons and text incorporated in the Software - is owned by the Company or its suppliers and is protected by United States copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to the Company and its suppliers. You may not reverse engineer, decompile or disassemble the Software.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.
1. LICENSE GRANT
The Company grants you a non-exclusive, royalty-free license to use the executable version of the Software, where “use” in this Agreement means storing, loading, installing or executing the Software. You may not modify the Software or disable any licensing or control features of the Software. You agree that you may not copy the written materials accompanying the Software. You may copy the software for archival purposes so long as the copy is unmodified from the original distribution and the copy retains all of the original Software's proprietary notices. You may not rent or lease your rights to the Software or documentation. If the Software license you have is for a single-user license (1-PC), you shall not install the Software on multiple computers. If the Software license you have is for a multi-user license (2-PC, 5-PC, 10-PC and the like), you shall not exceed the number of licenses you purchased.
2. OWNERSHIP
All right, title and interest in and to the Software is owned and copyrighted by the Company or its third party suppliers. Your license confers neither title to nor ownership of the Software and is not a sale of any rights in the Company. Company third party suppliers may protect their rights in the event of any violation of this License Agreement as if such suppliers were parties to this License Agreement. No license is given to you under any patent or patent application of the Company.
3. COPIES AND ADAPTATIONS
Other than as provided in the License Grant section of this agreement, you may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations.
4. NO DISASSEMBLY, RECOMPILATION OR DECRYPTION
You may not disassemble or decompile or decrypt the Software unless the Company's prior written consent is obtained. In some jurisdictions, Company consent may not be required for limited disassembly or decompilation. Upon request, you will provide the Company with reasonably detailed information regarding any disassembly or decompilation.
5. NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
6. NO LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, THE COMPANY'S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE COMPANY FOR THE USE OF THE PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD PARTY.
7. CUSTOMER REMEDIES
YOUR EXCLUSIVE REMEDY SHALL BE, AT THE COMPANY'S DISCRETION, REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE.
8. PURCHASE AND REFUND
Before you purchase our product, you need to check the problems by using the free trial of the Software. An internet connection is required when you register the license. Once you purchase the Software, the serial number will be sent to your email address. If the serial number is not registered, a refund can only be made within 14 days as long as the serial number has not been used. If the serial number is registered, a refund will be impossible, considering the characteristics of software. Once you have registered the serial number, you cannot sell, resell, rent, or yield the Software and you cannot change the registered license information.
9. LICENSE POLICY
The software follows the policy of '1 PC - 1 license'. In other words, one software license is allowed to be used only for one PC. Accordingly, if the software is installed on 2 computers or more for one license, it would go against the license contract. In this case, the user's license could be cancelled depending on the situation, and the user will not get a refund. If you uninstall the registered Software, you can re-use/transfer the license to another computer. If you format your computer or your computer is broken, you can re-use/transfer the license to another computer. We guarantee free technical support and version updates for one year from the date of purchase.
10. AUTOMATIC COMMUNICATIONS
The Software automatically communicates with the Software servers on the Internet. Automatic communication functions are used for the software version check, license check, license registration and license management. We may work with analytics companies such as Google Analytics to help us understand how the Software is being used. You can stop all collection of information by the Software easily by uninstalling the Software.
11. PRIVACY POLICY
You grant Company the right to store your contact details and other related information in order for Company to contact you from time to time to provide you with information concerning the software. Your contact details and other related information will not be used for any other purposes nor sold to any third party.
12. TERMINATION
This Agreement shall continue for the duration of Company copyright in the Software, unless earlier terminated as provided herein. The Company may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth in this Agreement. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions thereof in any form. Obligations to pay accrued charges or fees shall survive the termination of this Agreement.
13. EXPORT REQUIREMENTS
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
14. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and any accompanying documentation have been developed entirely at a private expense. They are delivered and licensed as “commercial computer software.” If this Software is acquired under the terms of a DOD or civilian agency contract, use, reproduction or disclosure of the Software by the Government is subject to the restrictions set forth in this License Agreement in accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212, respectively.
15. NEGATION OF PARTNERSHIP
The Company shall not become or be deemed a partner or a joint venturer with you by reason of the provisions of this license.
16. GOVERNING LAW AND FORUM
Irrespective of the place of execution or performance, this License Agreement shall be governed and construed in accordance with the laws of the Republic of Korea applicable to agreements. Any litigation to enforce or interpret the provisions of this License Agreement or the parties' rights or obligations arising out of this License Agreement or the performance hereunder shall be maintained only in the courts in the City of Seoul, Korea, and the parties expressly consent to personal jurisdiction in such courts. In the event that you breach this Agreement or indicate your intention to breach this Agreement in any manner that violates or may violate the Company's intellectual property rights or may cause continuing or irreparable harm to the Company, the Company may seek injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
17. ENTIRE AGREEMENT
Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and the Company with regard to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein.
If you have any questions regarding this License Agreement or if you wish to request any information from the Company, please contact the firm at bandicut@bandicam.com.
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